Terms of service.

Before using this site please read through these terms and conditions (the ‘Conditions’).

COMPANY INFORMATION
This Website www.theupton.com.au is owned and operated by The Upton, ABN 96837595342 registered in Australia. Our registered address is 69 Wills Street, Dunkeld, Victoria 3294, Australia. The Upton offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

OVERVIEW
These Terms & Conditions are subject to change, with or without notice to you, at our sole discretion. The Terms and Conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. Every time you use this site, please consult these Terms to ensure that you are aware of and understand the conditions of a contractual engagement.

AFFILIATE LINKS
Some of the links on this website are affiliate links. When these links are clicked to a website where a sale occurs, we receive a small commission.

ACCESS & COMMUNICATIONS
You will be able to access parts of the website without having to register any details with us. However, to see all voucher codes you must be a registered user. By no means can any of our voucher codes be shared either via email or social media or any other means. Anyone who is unauthorised to share our codes and is found to do so will be removed and barred from our system without notice.

ELIGIBILITY
To be eligible to use this site and enter any legal contracts you must fit the eligibility criteria.
The Upton’s services are not available to:

• Minors under the age of 18 and
• Those who cannot enter into binding contracts.
If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.

If you do not qualify, you may not use the service provided by The Upton or the site.

GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES
We have made every effort to display as accurately as possible the colours and images of our products that appear on our website. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

PERSONAL INFORMATION
Your submission of personal information through the website is governed by our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. To view our Privacy Policy click HERE.

ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

DISCLAIMER OF WARRANTIES
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

LIMITATION OF LIABILITY
In no case shall The Upton, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for:
• For death or personal injury caused by our negligence;
• Under section 2(3) of the Consumer Protection Act 1987; or
• For fraud or fraudulent misrepresentation;

We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but limited to:
• loss of income or revenue
• loss of business
• loss of profits or contracts
• loss of goodwill
• loss of anticipated savings
• loss or corruption of data, or
waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

By signing up for this course you agree to the terms and conditions and that The Upton is not a medical doctor and is not responsible for any illness or injuries (emotional or physical) that occur on or before the date and times of this course. By signing up you also agree that all sales are final.

If you have any queries about our Terms and Conditions, please get in touch with us at bonjour@theupton.com.au

DISCLAIMER
The Upton does not accept any liability for any loss (direct or indirect) as a result of relying on the information on the website, in respect of error or omission.

All images and media are our own and cannot be used in any way without our permission.

Should you be unsatisfied with your products, or experience at The Upton please inform us at bonjour@theupton.com.au

Last Updated: October 2024

THE UPTON

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